KARAN NISHAD Vs. STATE OF CG
HIGH COURT OF CHHATTISGARH
STATE OF CG
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(1.) HEARD on M.(Cr.)P. No. 1280/2005 for suspension of sentence and grant of bail during the pendency of this appeal.
The accused/appellant Karan Nishad has been convicted for
commission of the offences punishable under Sections 302 and 201 of the
Indian Penal Code and sentenced to undergo imprisonment for life and to
pay a fine of Rs. 500/- in default of payment of fine, to undergo rigorous
imprisonment for 3 months, and rigorous imprisonment for 3 years and to
pay a fine of Rs. 500/-, in default of payment of fine, to undergo rigorous
imprisonment for 3 months, respectively.
(2.) WE have heard learned counsel for the parties. Having heard learned counsel for the parties, having perused the record
and considering the facts that, there is no eye-witness in this case and that
merely on the basis of the recovery of the axe, the accused/appellant cannot
be convicted unless there is a report of a Serologist, we are of the opinion
that, it is a fit case in which execution of the substantive sentences awarded
to the accused/appellant should be suspended during the pendency of this
appeal and he should be released on bail. Accordingly, M.(Cr.)P. No. 1280/
2005 is allowed, and it is directed that, execution of the substantive sentences awarded to the accused/appellant shall remain suspended during the pendency
of this appeal and he be released on bail on his furnishing a personal bond of
Rs. 10,000/- (Rupees Ten Thousand) with one solvent surety in the like sum
to the satisfaction of the trial Court for his appearance before the trial Court
on 6-3-2006 and thereafter to continue his appearance before the said Court
on all such other subsequent dates as are given to him by the said Court till
final disposal of this appeal.
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